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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003 (“Arbitration Law”), which took effect in 2004 and to which no legislative amendment has been made since. Japan is, however, expected to amend its Arbitration Law imminently. After several steps in both the public and private sectors to build the country as an international dispute resolution hub during the last few years, an overhaul of…

JAPAN Yoshiaki Muto, Takeshi Yoshida, Dominic Sharman and Yuko Kai A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003, which took effect in 2004 and to which no legislative amendment has been made since. A.2 Institutions, Rules and Infrastructure The major international arbitration institution in Japan is The Japan Commercial Arbitration Association (JCAA). In late 2018, the JCAA announced its intention to amend its…

The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…